N.M. Code R. § 20.11.101.26 Disciplinary Action, Denial, Suspension, Or Revocation of Certifications

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 21, November7, 2023
• Citation: N.M. Code R. § 20.11.101.26
• Year: 2023

A. The Program Manager is authorized, after reasonable investigation and showing of a violation of any provisions of 20.11.101 NMAC, to take disciplinary actions including monetary penalties, and/or denial, suspension, or revocation of certification to operate under the Program as a certified fleet AIR CARE station, certified AIR CARE inspector or certified AIR CARE technician. In deciding on an appropriate action, the Program Manager may consider past violations on file against the charged party as well as previous actions, which have been taken by the Program against the charged party.

B. Notwithstanding the provisions of Subsection C of 20.11.101.26 NMAC, the Program Manager may immediately suspend the certification of a certified fleet AIR CARE station, certified AIR CARE inspector or certified AIR CARE technician if the Program Manager determines that continued operation as an fleet AIR CARE station, AIR CARE inspector or an AIR CARE technician would jeopardize the public health, safety and welfare; violate the VPMP Procedures Manual, or 20.11.101 NMAC; or compromise the Program. In the case of immediate suspension or revocation, a hearing shall be held within fourteen calendar days of receipt of a written request for a hearing by the station, inspector, or technician.

C. Prior to taking any action to suspend or revoke a certification, the Program Manager shall inform the inspector, technician, or fleet station manager of the charges. Any party so informed may request a hearing on the merits before the Program Manager. Such request must be made in writing to the Program Manager within fifteen (15) consecutive days of receipt of the notice of intent to suspend or revoke the certification.

D. Upon receipt of a written request for a hearing on the merits, the Program Manager shall set a date, time and place for the hearing no more than sixty days from the date of receipt of the request. No fewer than fifteen consecutive days before the hearing, the Program Manager shall inform the charged party of the date, time and place of the hearing. The Program Manager may appoint a hearing officer. At the hearing, the charged party may demonstrate why a monetary penalty should not be imposed and/or the certification should not be suspended or revoked.

E. At the hearing on the merits, the Program Manager may take appropriate action including...